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Marriage age in the United States

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Not to be confused with Ages of consent in the United States.

General age of marriage (without parental or court approval or other exceptions taken into account) (only shows the 50 states, no territories)
  18
  19
  21

The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual can marry in the United States as of right, without parental consent or other authorization, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi where the general marriage age is 21. In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. When at least one of the marriage partners is under 18, the marriage is considered a child or underage marriage, and requires “exceptional circumstances” to be permitted. This may be parental consent or judicial authorisation, and there may be other requirements. In many states (but not in Massachusetts),[1] a child's marriage automatically emancipates the minor, or increases his or her legal rights beyond allowing the minor to consent to certain medical treatments.[2]

In all but four[3] states, couples are allowed to marry at a younger age with parental consent or with judicial authorisation, with the minimum marriage age, when all exemptions are taken into account, ranging from 14 to 17, while as of August, 2020, in 10 states there was no statutory minimum age when all exemptions were taken into account. These states were California, Massachusetts, Michigan, Mississippi, New Mexico, Oklahoma, Rhode Island, Washington, West Virginia, Wyoming. The states which ban marriage under 18 completely are Delaware, New Jersey, Minnesota and Pennsylvania which no longer allow "exceptional circumstances" that permit underage marriages. American Samoa also does not allow underage marriages.

As of June 2020, 40 states have set an absolute minimum marriage age by statute, which vary between 14 and 18. [4] In recent years, several states have increased their marriageable age, including in 2020, Idaho, Indiana and Minnesota.[5][6][7] Although in 10 states there is no set minimum age by statute, the traditional common law minimum age is 14 for boys and 12 for girls - ages which have been confirmed by case law in some states.[8]

In 15 states, children under 16 can marry. Over the past 15 years, more than 200,000 minors married in US, and in Tennessee girls as young as 10 were married in 2001,[9] before the state set a minimum age of 17 in 2018.[10]

Underage marriage age by jurisdiction

In the 50 states

Every state except Delaware, Pennsylvania, Minnesota, and New Jersey allows underage marriage in exceptional circumstances if one or more of the following circumstances apply:

  • consent of a court clerk or judge (sometimes the consent of a superior court judge, rather than a local judge, is required)
  • consent of the parents or legal guardians of the minor
  • if one of the parties is pregnant
  • if the minor has given birth to a child
  • if the minor is emancipated.

So, as of June 2020, in the 40 states that have set a marriage age by statute, the lower minimum marriage age when all exceptions are taken into account, are:[11]

  • 2 states have a minimum age of 14: Alaska and North Carolina
  • 3 states have a minimum age of 15.
  • 21 states have a minimum age of 16.
  • 10 states have a minimum age of 17.
  • 4 states have a minimum age of 18.

From 2017[12][13] to 2019[14][15][16][17][18][19][20][21] several states changed their law to set a minimum age, or to raise their minimum age.

In Massachusetts the general marriage age is 18, but children may be married with judicial consent with no minimum age limit.[22] In the absence of any statutory minimum age, one opinion[whose?] is that the minimum common law marriageable age of 12 for girls and 14 for boys may still apply.[23][24] Unlike many other states,[1] in Massachusetts a child's marriage does not automatically emancipate the minor, or increase his or her legal rights beyond allowing the minor to consent to certain medical treatments.[2]

In the territories and federal district

Puerto Rico is a territory of the United States, and its people are American citizens. The general marriage age in Puerto Rico is 21, however males aged 18 and females aged 16 can marry with exceptions.[25] In Guam, the general age is 18, but 16-year-olds can get married with the consent of at least one parent or guardian.[26] In American Samoa, since September 2018, the marriage age has been 18 for both sexes. Previously, the marriage age for girls was 14.[27] In the District of Columbia the general age is 18, but 16-year-olds may marry with exceptions.[25] In the U.S. Virgin Islands the marriage age is 14 for females and 16 for males.[28] In the Northern Mariana Islands males must be 18 to marry, while females can marry at 16 with parental consent.[29]

List

States

Name Minimum age Notes
Minimum statutory age after all exceptions[8] General marriage age
 Alabama[30] 16 18
 Alaska[31] 14 18
 Arizona[32][33] 16 18 Since 2018, the minimum age with approval of a superior court judge and parental consent is 16.[32][33]
 Arkansas[34] 17 18 Since April 2019, the minimum marriage age with both parental and judicial consent is explicitly 17 - by a bill passed by the Arkansas General Assembly and a Governor of Arkansas signature into law.[34]
 California[35] 0 18 Since January 1, 2019 partners and the parents of minors will have to meet separately with court officials who can assess whether there is abuse or coercion. Minors also will have to wait at least 30 days before getting married, unless they are 17 and a high school graduate or one of the partners is pregnant.[36][37]
 Colorado[38] 16[39] 18 Since August 2019, the absolute minimum age is explicitly 16 within Colorado - with a court order that is strictly "under the best interest of the child", parents and guardian permission from both parties and no more than a three year age gap (if one of the parties of the marriage is under 18).[40]
 Connecticut[12] 16 18 Since 2017, the minimum age is 16 with parental and judicial consent.[12]
 Delaware 18 18 In May 2018, the Delaware child marriage ban bill was signed into law and went into effect immediately to implement a clear minimum age of 18 with no exceptions.[41][42][43]
 Florida 17 18 Since July 1, 2018 17-year-olds need both parental and judicial approval and may not marry anyone more than 2 years older.[44][45]
 Georgia[46] 17 18 In May 2019, the Georgia General Assembly passed a bill and the Governor of Georgia Brian Kemp signed a bill to raise the marriage age explicitly from 16 to 17, must be emancipated minors, must have completed a premarital education course, and cannot marry anyone more than four years older than themselves. The law went into effect on July 1, 2019.[46][47]
 Hawaii[31] 15 18 15-years-olds require both parental and judicial consent, and 16-17-years-olds require only parental consent.[48]
 Idaho[49] 16[50] 18 Effective since July 1 2020, Idaho recently passed and signed laws sets an explicit minimum age of 16 - with parental consent only and no more that a 3 year age gap between the two parties (if one of the parties to the marriage is under 18).[51]
 Illinois[31] 16 18
 Indiana[52] 16[53] 18 Effective since July 1 2020, a recently passed and signed law within Indiana - the minimum marriage age was raised from 15 to 16, both marriage parties can not have more than a 4 year age gap, both parties need marriage counselling, undergo a minimum 15 day waiting period, and also need a court order within juvenile court (when between the ages of 16-18 only).[54]
 Iowa[31] 16 18
 Kansas[31] 15 18
 Kentucky[55] 17 18 Since 2018, 17-year-olds need judicial approval.[55]
 Louisiana[56] 16[56] 18 Since August 1, 2019, individuals under 16 cannot get married at all within Louisiana, and anyone 16 or 17 can't marry someone three years or more older. Those 16- and 17-year-olds who want to marry will need permission from parents and a judge.[56]
 Maine[57] 16 18 Since July 1, 2019, the minimum age to marry within Maine became explicitly 16. The bill, LD545, automatically lapsed into law - because after passing the Maine Legislature, the Governor of Maine took no action.[58]
 Maryland[31] 15 18
 Massachusetts[31] 0[59] 18 Consent can be just judicial, but is normally both parental and judicial. In the absence of any statutory minimum age, one opinion is that the traditional minimum common law marriageable age of 12 for girls and 14 for boys may still be in effect.[24][60]
 Michigan[61] 0 18 16 with parental consent; as an exception a judge can allow a marriage under 16[61]
 Minnesota[62][63] 18 18 In May 2020, both the Minnesota Legislature passed and the Governor of Minnesota signed a bill banning child marriage - with an explicit minimum age of 18 with no exemptions. Within Minnesota laws go into formal effect from August 1 each year, under the Minnesota Constitution.[64][65]
 Mississippi 0 21 females 15–21 and males 17–21 can marry with parental consent alone[66]
 Missouri[67] 16[68] 18 In July 2018 a bill was signed into law by the Governor of Missouri, to implement an absolute minimum age of 16 and to ban people over 21 years old marrying people under the age of 18. The law went into effect on August 28, 2018.[67][68][69][70][71]
 Montana[31] 16 18
 Nebraska[31] 17 19
 Nevada[72] 17 [72][73] 18 In Nevada since October 1, 2019, 17 became the minimum age of marriage with 4 explicit requirements of - (1) parental or guardian consent; (2) proof of Nevada residence; (3) no more than a three year age gap between both parties; and (4) a court order within the state.[72][73]
 New Hampshire[74] 16 18 Since January 1, 2019 the absolute minimum age of marriage was legally set at 16.[75][76][77]
 New Jersey[78] 18 18 In June 2018, the New Jersey child marriage ban bill was signed into law and went into effect immediately to implement a clear minimum age of 18 with no exceptions.[78]
 New Mexico[31] 0 18
 New York[79] 17 18 Since 2017, the minimum age is 17 with parental and judicial consent.
 North Carolina 14 18
 North Dakota[31] 16 18 16 with parental consent.[80]
 Ohio[81] 17 18 In 2019, the minimum age was set at 17, with judicial consent, in cases where the age difference is less than four years.[82]
 Oklahoma[31] 0 18
 Oregon[31] 17 18 Consenting parent or guardian must accompany the applicant when applying for the marriage license.
 Pennsylvania[83] 18 18 In May 2020, the Pennsylvania General Assembly passed and Pennsylvania Governor Tom Wolf signed a bill - that raised the minimum age of marriage to 18 with no exceptions. Effective immediately.[84][85]
 Rhode Island[86] 0 18 Persons under 16 may be married under special circumstances.
 South Carolina[87] 16 18 In November 2019, the Governor of South Carolina Henry McMaster signed a bill into law effective immediately - that explicitly banned all marriages regardless with any individuals under 16.[88]
 South Dakota[31] 16 18
 Tennessee[89] 17 18 In 2018, the minimum age was set to 17 and no minor can marry someone more than 4 years older.[10][89]
 Texas[90] 16 18 Since 2017, the minimum age is 18, however emancipated minors aged 16–17 have an exemption to legally marry.[90][91][92]
 Utah[93] 16 18 The minimum marriage age was set at 16 in 2019.[93] 16 and 17yrs old need parental and judicial consent.[93]
 Vermont[31] 16 18
 Virginia 16 18 In 2016, VA made 18 the minimum age; and 16 with court approval in special cases[94][95]
 Washington[31] 0 18 May be waived by superior court judge.[96]
 West Virginia[31] 0 18 No minimum with both parental and judicial consent
 Wisconsin[31] 16 18
 Wyoming[31] 0 18

District of Columbia and United States Territories

Name Minimum age Notes
Statutory age when all exceptions are taken into account[8] General age
 American Samoa[97] 18 18 In September 2018, governor Lolo Moliga signed into law a bill changing the marriage age for girls from 14 to 18. The marriage age is now 18 for both sexes.[97]
 District of Columbia[31] 16 18
 Guam[98] 16 18 The consent of at least one parent or guardian is required for a person aged 16 or 17 to get married.
 Northern Mariana Islands 16 (females) 18 (males) 18 Males at the time of marriage must be at least 18 years of age, while females aged 16–17 can marry with the consent of at least one parent or guardian.[99]
 Puerto Rico[31] 16 (females) 18 (males) 21
 U.S. Virgin Islands[28] 14 (females) 16 (males) 18

See also

References

  1. ^ a b "Automatic Emancipation of Minors". FindLaw. Retrieved March 3, 2018.
  2. ^ a b "Emancipation and the Legal Rights of Minors in Massachusetts - MassLegalHelp". www.masslegalhelp.org. Retrieved March 3, 2018.
  3. ^ https://www.unicefusa.org/stories/pennsylvania-and-minnesota-outlaw-child-marriage-no-exceptions/37319
  4. ^ https://www.unchainedatlast.org/child-marriage-progress/
  5. ^ https://www.usnews.com/news/best-states/idaho/articles/2020-03-25/idaho-governor-signs-bill-setting-minimum-marriage-age-at-16
  6. ^ http://www.wbiw.com/2020/03/24/minimum-age-to-marry-raised-in-indiana/
  7. ^ https://www.fox21online.com/2020/05/13/governor-signs-bills-on-covid-19-election-security-drugs/
  8. ^ a b c "Understanding State Statutes on Minimum Marriage Age and Exceptions". Tahirih Justice Center. November 2016. Retrieved June 3, 2017.
  9. ^ "13,000 children a year are married in America".
  10. ^ a b "Gov. Bill Haslam signs law banning Tennessee marriage of minors under 17". The Tennessean. Retrieved May 31, 2018.
  11. ^ https://www.tahirih.org/wp-content/uploads/2016/11/State-Statutory-Compilation_Final_July-2019.pdf
  12. ^ a b c "Connecticut General Assembly". Connecticut General Assembly.
  13. ^ "Texas Legislature Online - 85(R) History for SB 1705". www.legis.state.tx.us.
  14. ^ "New Florida Laws: Marriage Age, Opioids, Criminal Records". USNews. June 30, 2018. Retrieved September 17, 2018.
  15. ^ "18RS - Legislative Record Online". www.lrc.ky.gov. Retrieved November 23, 2018.
  16. ^ "Arizona HB2006 - 2018 - Fifty-third Legislature 2nd Regular".
  17. ^ Legislature, Delaware. "Bill Detail - Delaware General Assembly". legis.delaware.gov.
  18. ^ "Tennessee HB2134 - 2017-2018 - 110th General Assembly".
  19. ^ Malo, Sebastien. "New Jersey law gives momentum to U.S. efforts to ban child marriage".
  20. ^ "Missouri SB655 - 2018 - Regular Session".
  21. ^ https://www.springfieldnewssun.com/news/ohio-raise-marriage-age-after-dayton-daily-news-investigation/8WZqMZmdjJq5dNCSEWEPZM/
  22. ^ "Child Marriage in Massachusetts". Unchained at Last. Retrieved March 10, 2018.
  23. ^ Richards, Victoria (March 9, 2016). "Child marriage chart reveals girls can wed at 12 in some parts of the US – as lawmakers battle to raise age to 16". The Independent. Retrieved June 3, 2017.
  24. ^ a b Hayden, Meg (January 8, 2007). "Child Brides". Massachusetts Trial Court Law Libraries. Retrieved June 3, 2017.
  25. ^ a b "Marriage Laws of the Fifty States, District of Columbia and Puerto Rico". Legal Information Institute. September 17, 2018. Retrieved June 3, 2017.
  26. ^ "19 GCA Personal Relations: Ch 3 Contract of Marriage § 3102. Minors" (PDF). www.guamcourts.org. Retrieved November 23, 2018.
  27. ^ "Governor Moliga signs into law bill to increase marriage age for girls". Radio New Zealand. September 12, 2018. Retrieved September 19, 2018.
  28. ^ a b "Virgin Islands Code 16 V.I.C. ch. 1 § 2". Virgin Islands Code. LexisNexis. Retrieved September 17, 2018.
  29. ^ "Marriage application" (PDF). www.saipanmayor.net. 2015. Archived from the original (PDF) on September 19, 2018. Retrieved November 11, 2018.
  30. ^ "Section 30-1-4: Minimum age for contracting marriage". Code of Alabama. Alabama Legislature. 1975. Retrieved June 3, 2017. A person under the age of 16 years is incapable of contracting marriage.
  31. ^ a b c d e f g h i j k l m n o p q r s t u "Marriage Laws of the Fifty States, District of Columbia and Puerto Rico". Legal Information Institute. April 14, 2008. Retrieved June 3, 2017.
  32. ^ a b "Arizona HB2006 - 2018 - Fifty-third Legislature 2nd Regular".
  33. ^ a b Renick, Christie (April 13, 2018). "Arizona Sets Minimum Age for Marriage of Minors". Chronicle of Social Change. Retrieved May 7, 2018.
  34. ^ a b "U.S." ABC News. Retrieved July 2, 2019.
  35. ^ "California Marriage Age Requirements Laws". findlaw.com. Retrieved June 3, 2017.
  36. ^ "Senate Bill No. 273
    CHAPTER 660
    An act to amend Sections 297.1, 302, 303, 304, 423, 1501, 2210, and 7002 of, and to add Section 298.8 to, the Family Code, and to add Sections 102233 and 102356 to the Health and Safety Code, relating to marriage and domestic partnership"    . California Office of Legislative Counsel. Retrieved February 10, 2019.
  37. ^ Press |, Associated (September 22, 2018). "Underage marriages get new restrictions in California". The Mercury News. Retrieved July 2, 2019.
  38. ^ "Colorado HB1316 | 2019 | Regular Session". LegiScan. Retrieved July 2, 2019.
  39. ^ "Colorado HB1316 | 2019 | Regular Session". LegiScan. Retrieved July 2, 2019.
  40. ^ "Colorado HB1316 | 2019 | Regular Session". LegiScan. Retrieved July 2, 2019.
  41. ^ Thomsen, Jacqueline (May 10, 2018). "Delaware becomes first state to ban child marriage".
  42. ^ Legislature, Delaware. "Bill Detail - Delaware General Assembly". legis.delaware.gov.
  43. ^ "Delaware Expected To Be The First State To Ban Child Marriage Outright".
  44. ^ "Senate Bill 140 (2018) - The Florida Senate". www.flsenate.gov.
  45. ^ "Archived copy". Archived from the original on March 24, 2018. Retrieved March 24, 2018.{{cite web}}: CS1 maint: archived copy as title (link)
  46. ^ a b "Georgia HB228 | 2019-2020 | Regular Session". LegiScan. Retrieved July 2, 2019.
  47. ^ "Legal Age for Marriage Raised in Georgia". Valdosta Today. May 11, 2019. Retrieved July 2, 2019.
  48. ^ "Marriage Licenses". health.hawaii.gov. Retrieved July 2, 2019.
  49. ^ [1]
  50. ^ [2]
  51. ^ [3]
  52. ^ [4]
  53. ^ [5]
  54. ^ [6]
  55. ^ a b "Archived copy". Archived from the original on March 24, 2018. Retrieved March 24, 2018.{{cite web}}: CS1 maint: archived copy as title (link)
  56. ^ a b c "Bill Info - SB172". www.legis.la.gov. Retrieved July 2, 2019.
  57. ^ https://legiscan.com/ME/bill/LD545/2019
  58. ^ [7]
  59. ^ "Nonage minors; authorization of marriage", General Laws: Chapter 207, Section 25, Massachusetts General Court, retrieved June 3, 2017
  60. ^ Richards, Victoria (March 9, 2016). "Child marriage chart reveals girls can wed at 12 in some parts of the US - as lawmakers battle to raise age to 16". The Independent. Retrieved June 3, 2017.
  61. ^ a b https://www.tahirih.org/wp-content/uploads/2016/11/FINAL-Oct-2018-State-Statutory-Compilation.pdf
  62. ^ [8]
  63. ^ [9]
  64. ^ [10]
  65. ^ [11]
  66. ^ "Title 93 - DOMESTIC RELATIONS, Chapter 1 - MARRIAGE § 93-1-5 - Conditions precedent to issuance of license; penalty for noncompliance". 2013 Mississippi Code. Retrieved June 3, 2017. Every male who is at least seventeen (17) years old and every female who is at least fifteen (15) years old shall be capable in law of contracting marriage.
  67. ^ a b "Missouri SB655 - 2018 - Regular Session".
  68. ^ a b Suntrup, Jack. "Missouri is known as a haven for child marriages. A new law aims to change that".
  69. ^ "Missouri governor signs law banning marriage of 15-year-olds".
  70. ^ "Missouri bill would toughen child marriage law". May 18, 2018.
  71. ^ "Lawmakers vote to ban marriage at 15 after Star's series on lenient Missouri law".
  72. ^ a b c "Nevada AB139 | 2019 | 80th Legislature". LegiScan. Retrieved July 2, 2019.
  73. ^ a b "Nevada sees many new laws, but how will they affect you?". Las Vegas Review-Journal. June 8, 2019. Retrieved July 2, 2019.
  74. ^ "TITLE XLIII: DOMESTIC RELATIONS, CHAPTER 457: MARRIAGES, Age: Section 457:4". New Hampshire General Court. Archived from the original on February 2, 2008. Retrieved June 3, 2017.
  75. ^ "It's official: The marriage age is raised in NH - New Hampshire".
  76. ^ "Bill_Status". gencourt.state.nh.us.
  77. ^ "Archived copy". Archived from the original on May 5, 2018. Retrieved May 5, 2018.{{cite web}}: CS1 maint: archived copy as title (link)
  78. ^ a b Malo, Sebastien. "New Jersey law gives momentum to U.S. efforts to ban child marriage".
  79. ^ https://www.hrw.org/news/2017/06/20/us-new-york-governor-signs-anti-child-marriage-law "Human Rights Watch: NY State Marriage Laws Update 2016/2017". Human Rights Watch. Human Rights Watch. June 2017. Retrieved June 21, 2017.
  80. ^ "Data" (PDF). www.legis.nd.gov.
  81. ^ "House Bill 511 | The Ohio Legislature". www.legislature.ohio.gov. Retrieved July 2, 2019.
  82. ^ Laura A. Bischoff, Columbus Bureau. "Ohio to raise marriage age after Dayton Daily News investigation". springfieldnewssun. Retrieved July 2, 2019.
  83. ^ "House Bill 360; Regular Session 2019-2020". Pennsylvania General Assembly. Retrieved May 8, 2020.
  84. ^ [12]
  85. ^ "Pennsylvania legislature passes bill to end child marriage". KYW. Retrieved May 8, 2020. |
  86. ^ https://statelaws.findlaw.com/rhode-island-law/rhode-island-marriage-age-requirements-laws.html
  87. ^ https://www.postandcourier.com/news/sc-now-prohibits-teens-under-from-marrying-but-some-lawmakers/article_83ebdc8a-ee8b-11e9-876c-db67ec30ce2d.html
  88. ^ [13]
  89. ^ a b "Tennessee HB2134 - 2017-2018 - 110th General Assembly".
  90. ^ a b "Texas Legislature Online - 85(R) History for SB 1705". www.legis.state.tx.us.
  91. ^ [14][dead link‍]
  92. ^ "Texas Just Made It Illegal For Anyone Under 18 To Get Married".
  93. ^ a b c Romboy, Dennis (March 26, 2019). "Utah Governor signs bills allowing stronger beer in Utah stores, raising legal marriage age". DeseretNews.com. Retrieved July 2, 2019.
  94. ^ Portnoy, Jenna (July 3, 2016). "Why 13-year-olds can no longer marry in Virginia". The Washington Post. Retrieved June 3, 2017.
  95. ^ Tsui, Anjali (July 8, 2016). "America's child marriage crisis: Virginia law tackles continuing issue". The Guardian. Retrieved June 3, 2017.
  96. ^ "RCW 26.04.010 Marriage contract — Void marriages". Revised Code of Washington. Washington State Legislature. December 23, 2016. Retrieved June 3, 2017. Every marriage entered into in which either person has not attained the age of seventeen years is void except where this section has been waived by a superior court judge of the county in which one of the parties resides on a showing of necessity.
  97. ^ a b "Governor Moliga signs into law bill to increase marriage age for girls". September 12, 2018.
  98. ^ "Laws" (PDF). www.guamcourts.org.
  99. ^ "Marriage application" (PDF). www.saipanmayor.net. 2015. Archived from the original (PDF) on September 19, 2018. Retrieved September 19, 2018.
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